Legal Opinion

Marshall v. Town of Topsfield

Massachusetts Appeals Court

Decided April 16, 1982PublishedCited by 6 opinions

1Opinion of the CourtKass, J.

By a complaint under G. L. c. 240, § 14A, as amended through St. 1977, c. 829, § 14, and G. L. c. 185, § 1 (j Vz), as amended through St. 1978, c. 478, §§ 81 and 82, Marshall, a landowner in Topsfield, sought a determination of the validity of certain zoning by-law amendments which Topsfield adopted in 1978 at its annual town meeting. As to a newly created Business District Park (BDP) zone, Marshall claimed that the by-law, by reason of the dimen sional requirements it imposed on the locus, made his land essentially valueless and that the by-law was, therefore, confiscatory. Marshall also…

2Cases cited19 opinions

  1. Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
  2. Simon v. Town of NeedhamMassachusetts Supreme Judicial Court · 1942
  3. Noyes v. Quincy Mutual Fire InsuranceMassachusetts Appeals Court · 1979
  4. Turnpike Realty Co. v. Town of DedhamMassachusetts Supreme Judicial Court · 1972
  5. S. Kemble Fischer Realty Trust v. Board of AppealsMassachusetts Appeals Court · 1980

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3Cited by6 opinions

  1. National Amusements, Inc. v. City of BostonMassachusetts Appeals Court · 1990
  2. Livoli v. Zoning Board of AppealsMassachusetts Appeals Court · 1997
  3. Tanner v. Board of AppealsMassachusetts Appeals Court · 2004
  4. Gamsey v. Building Inspector of ChathamMassachusetts Appeals Court · 1990
  5. Sullivan v. Town of ActonMassachusetts Appeals Court · 1995

1 more not listed; retrieve them via the Exa API.

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